HomeMy WebLinkAbout2013-096 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2013-096
Being a by-law to amend Schedule "A" to By-law No. 2009-163
(Code of Conduct— Members of Council)
WHEREAS on November 23, 2009, the Municipality adopted a Code of Conduct for
members of Council as Schedule "A" to By-law No. 2009-163; and
WHEREAS Council deems it advisable to amend the Code of Conduct.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "A" to By-law No. 2009-163 (Code of Conduct— Members of Council) is
amended by adding the following sections:
2.1 Gifts and Benefits
For the purposes of this Code, a gift or benefit provided, with the
member's knowledge, to a member's spouse, child or parent, or to his or
her staff, that is connected directly or indirectly to the performance of the
member's duties, is deemed to be a gift or benefit to that member.
No member shall accept a fee, advance, gift or personal benefit that is
connected directly or indirectly with the performance of his or her duties of
office, unless permitted under one or more of the exceptions listed below.
Each of the following is recognized as an exception:
(a) compensation authorized by law;
(b) a gift or benefit of the kind that normally accompanies the
responsibilities of office and is received as an incident of
protocol or social obligation;
(c) a political contribution otherwise authorized and reported as
required by law, in the case of a member running for office;
(d) services provided without compensation by a person
volunteering his or her time;
(e) a suitable memento of a function honouring the member;
(f) food, lodging, transportation or entertainment lawfully
provided by any Provincial, regional or local government or
board or political subdivisions of any of them, by the Federal
government, a foreign government, or by those organizing a
conference, seminar or event where the member is speaking
or attending in an official capacity;
(g) food and beverages consumed at a banquet, reception or
similar event, if:
(i) attendance by the member is for a legitimate
municipal purpose;
(ii) the person extending the invitation, or a representative
of the organization holding the event, is in attendance;
and
(iii) the value is reasonable;
(h) communications to the office of a member, including
subscriptions to newspapers and periodicals; and
(i) a sponsorship or donation for a community event organized
or run by a member, or a third party on behalf of a member,
subject to the limitations set out in any applicable municipal
policy.
Except for exception (c) (political contributions allowable by law), these
exceptions do not apply where a gift or benefit is provided by a lobbyist or
a lobbyist's client or employer. In this provision, a lobbyist is an individual,
organization or business who or that:
(a) lobbies, or causes the lobbying of, any public office holder of
the municipality, the municipal council or corporation, or a
local board;
(b) the member knows is attempting or intending to lobby the
member or any of the public persons or bodies listed in
paragraph (a); or
(c) is maintaining an active lobbyist registration with the
municipality, whether or not with respect to any specific or
current subject matter.
In the case of any of the recognized exceptions (b), (e), (f), (h) and (i), if
the value of the gift or benefit exceeds $300.00, or if the total value of gifts
or benefits received from any one source during the course of a calendar
year exceeds $300.00, the member shall file, within 30 days of receipt of
the gift or benefit, or of reaching the annual limit, a disclosure statement
with the Municipal Clerk.
The disclosure statement must set out:
1. the nature of every gift or benefit received;
2. its source and date of receipt;
3. the circumstances under which it was given and received;
4. its estimated value;
5. what the recipient intends to do with any gift; and
6. whether any gift will at some point be provided to the
municipality.
Every disclosure statement filed under this Code shall be made a public
record.
Upon receiving a disclosure statement, the Municipal Clerk shall examine
it to ascertain whether the receipt of the gift or benefit might, in his or her
opinion, constitute a contravention of this Code or create a conflict
between a private interest and the public duty or responsibilities of the
member. In the event that the Municipal Clerk makes such a
determination, he or she shall call upon the member to justify receipt of the
gift or benefit.
Should the Municipal Clerk determine that receipt of any gift or benefit was
inappropriate, he or she may direct the member to return the gift,
reimburse the donor for the value of any gift or benefit already consumed,
forfeit the gift or remit the value of any gift or benefit already consumed, to
the Municipality.
Except in the case of exceptions (a), (c), (f) and (i), no member shall
accept a gift or benefit worth in excess of $500.00, or gifts or benefits from
one source during a calendar year which together are worth in excess of
$500.00.
2.2 No Improper Use of Influence
No member of Council shall use the influence of his or her office for any
purpose other than for the lawful exercise of his or her official duties and
for municipal purposes.
No member of Council shall use his or her office or position to influence or
attempt to influence the decision of any other person, for the member's
private advantage or that of the member's parent, child, spouse, staff
member, friend or associate, business or otherwise. No member shall
attempt to secure preferential treatment beyond activities in which
members normally engage on behalf of their constituents as part of their
official duties. No member shall hold out the prospect or promise of future
advantage through the member's supposed influence within Council, in
return for any action or inaction.
For the purposes of this provision, "private advantage" does not include a
matter:
(a) that is of general application;
(b) that affects a member of Council, his or her parents/children
or spouse, staff member, friends or associates, business or
otherwise, as one of a broad class of persons; or
(c) that concerns the remuneration or benefits of a member of
Council.
This provision does not prevent a member of Council from requesting that
Council grant a lawful exemption from a policy.
2. This by-law shall be effective on the date that it is passed.
By-law passed this 4th day of November, 2013.
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A cVi am r, Mayor
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a i ne, Municipal Clerk